Mayor Takes Lonely Stand On Private-property Rights

LAUDERDALE-BY-THE-SEA -- While the Town Commission usually is united on most issues, Mayor Wally Kilday often finds himself standing alone in his fervent belief in private-property rights.

Kilday for years has fought the town`s fence ordinance, which limits the height of a fence to 4 feet, or 5 feet if it is ventilated. He was an outspoken opponent of a proposed tree ordinance that would have required property owners to pull $25 permits to have their trees cut down. And he recently objected to the town`s requiring homeowners to remove from their property small concrete pyramids, which are used to keep drivers off homeowners` lawns.

While other commissioners sometimes have sided with the mayor on these issues, he has taken the lead in their opposition.

``I`m proud of it and I will continue to do it,`` said the 58-year-old mayor who has been a town commissioner since 1980. ``I`ll do in my heart what I think is best for my constituents and if I have to be alone, I`ll be alone.``

Town Manager George Spare was surprised during a recent Town Commission meeting when Kilday said he did not think the town should order property owners to remove the pyrmaids.

``I personally think we should just leave it the way it is,`` Kilday said. ``Let them protect their property.``

Spare noted that several months earlier commissioners directed him to look into the removal of the pyramids because they were concerned about the town`s liability in case of an accident.

``We`re going to try to minimize our risks and at the same time try to respect the property owner,`` Spare said.

Spare said the town now intends to compromise by asking homeowners to remove the most dangerous pyramids.

``But those that were not offensive or not in a dangerous location, just to advise the owners that it does increase the town`s liability, but at the same time not insist on their immediate removal.``

The issue that rankles Kilday most is the town`s fence ordinance.

``We have the most weird, ridiculous fence ordinance in all of Broward County, if not all of Florida,`` Kilday said.

If a homeowner wants to build a solid fence higher than 4 feet, he must go to the town`s Board of Adjustments, and pay a $200 administrative fee to request a variance.

The board -- which in the last few cases has turned down requests for fence variances -- then sends its decision to the Town Commission. Kilday has been the lone dissenter each time, attempting to overrule the advisory board.

``I`ve heard the comment that if we change it to a 6-foot fence, everybody will put up a fence,`` Kilday said. ``That`s ridiculous.``

Commissioner Joseph Barbara is Kilday`s nemesis on the fence issue, voting to approve the Board of Adjustments` refusal of a 6-foot fence.

``I think it`s like being in a cage when you`re behind a fence,`` Barbara said. ``Your part of the fence is never taken care of.``

Barbara also said 6-foot fences cut off air circulation.

When the commissioners nearly voted in a new ordinance that would regulate the cutting down of certain trees on business properties, Kilday again voiced his opposition. The ordinance, while passed on first reading, was turned down the second time around.

``Believe me, I like trees,`` Kilday said. ``But I think the property owner has enough intelligence to make his property look attractive. Let`s give our population credit for having a brain, for knowing what to do with their property without having all these restrictions.``